LAW NO. 20.381 AMENDS LAW NO. 17,997, CONSTITUTIONAL ORGAN OF THE CONSTITUTIONAL COURT Having present that the National Congress has given its approval to the following Bill: " Single article.-Please introduce the following amendments In Law No. 17,997, Constitutional Court of the Constitutional Court: 1. The name of Chapter I is replaced by the following: "Chapter I of the Organization, Competition and Functioning of the Constitutional Court" 2) Add, following the heading of Chapter I, a Title I of the following wording: " Title I From the Organization of the Constitutional Court "3) Substitute, in Article 1, the number" VII "by" VIII ". (4) Reposition, in Article 2, the second paragraph, by the following: " The members of the Court, at the end of their term, may not be re-elected, except for those who have been elected as a replacement, have exercised the post for a period of less than five years and be less than 75 years of age. "5) Replace the first paragraph of Article 3, by the following:" Article 3.-The Court may exercise its jurisdiction only at the request of the persons and the constitutional bodies entitled to in accordance with Article 93 of the Constitution of the Republic of the Republic or of its own motion, in cases Article 4 of the Constitution of the Republic and in this Law. "6) Replaces Article 4 of the following:" Article 4.-The acts and resolutions of the Tribunal are public, as well as their foundations and the procedures that they use. However, the Court, by a decision established by a two-thirds majority of its members, may order certain documents or proceedings, including documents added to a process, to be reserved or secret, subject to the requirements of the Article 8º, second indent, of the Constitution. "7) Replace Article 5 °, by the following:" Article 5 °.-The ministers of the Court shall elect from among them a President by an absolute majority of votes. If none of the candidates obtains the quorum necessary to be elected, a new vote will be held, limited to those who have obtained the first two majorities in the previous one. The President shall last two years in his duties and shall not be re-elected twice in a row. '. (8) Replace Article 6 (3) with the following: " Article 6.-The Ministers of the Court shall have the precedence corresponding to the seniority of their appointment or first appointment, where appropriate. If the age is the same, the order determined by the Court shall be taken into account, in a vote specially called for. However, the Minister who has served as President in the preceding period will have the first precedence in the following period. The President shall be subrogated by the Minister who follows him in the order of precedence which is present and so forth. In the same way, the President of each room will be subrogated. " 9) Please introduce the following amendments to Article 8: (a) incorporate the following points (b), (b), (c), (d), (e) and (f) into (c), (d), (e), (f) and (g), respectively: " (b) Distribute in a fair manner between the two chambers of the Court, the reasons for which they are responsible, taking into account the nature, complexity and quantity of the cases which are currently subject to the knowledge of the rooms; ' (b) Substitute point (b), which has become (c), by the following: " (c) Forming the tables corresponding to the and to the rooms in accordance with the provisions of Article 29 and to designate, in matters of which he is aware, the (c) Reposition in point (f), which has become g), the final point (.) by a comma (,), adding then the sentence " except in the cases referred to in the numbers 6 ° and Article 93 of the Political Constitution, and ". (d) Add a letter (h) to the following wording: "(h) To give an annual account of the operation of the Court." (10) Incorporate the following Article 8th (a), new: " Article 8a.-The Minister who, in accordance with the provisions of Article 25 (b) of this law, if the Chamber does not include the President of the Court, it shall be in respect of the sessions which it holds under the terms of Article 8, as appropriate. " 11. In Article 9, the following second indent shall be added: ' Produced the subrogation of the Registrar by a Rapporteur, as provided for in Article 87, the The oldest First Officer, after oath or promise, may authorize the providences and other proceedings of the Court. "12) Add the following Article 12a, new:" Article 12a.-Ministers may not exercise the profession of lawyer, including the judiciary, nor will they be able to conclude or channel contracts with the State. Nor shall they be able to act, either by itself or by person, natural or legal, or through a society of persons of which he is a party, as president in any kind of judgment against the Fisco, or as a prosecutor or agent in démarches (a) special administrative, in the provision of public employment, counseling, functions or commissions of a similar nature, nor may they be directors of a bank or of any public limited liability company, or exercise similar positions in such activities. The position of minister is incompatible with those of the deputy and senator, and with all employment or paid commission with funds from the Fisco, the municipalities, the autonomous fiscal entities, semi-prosecutors or the state companies, or in which the has an intervention for capital contributions, and with any other function or commission of the same nature. The exception of teaching jobs and the functions or commissions of equal character in public or private establishments of higher, medium and special education, up to a maximum of twelve hours a week, outside the hours of the hearing. However, it shall not be considered as teaching tasks that correspond to the senior management of an academic entity, in respect of which the incompatibility referred to in this paragraph shall govern. Likewise, the position of minister is incompatible with the functions of directors or directors, even if they are ad honorees, in the autonomous fiscal entities, semi-fiscal or in state enterprises, or in which the State has a contribution to the contribution of (13) Enter the following amendments to Article 13: (a) First, in the heading of the first indent, the phrase "fifth indent". (b) To replace, in the heading of the first indent, the number "81" by "92". (c) Replace No 5 of the first paragraph by the following: "5) Overcoming incompatibilityin accordance with the provisions of Article 92 (2) of the Political Constitution." (d) Substitute, in the second indent, the term "members" processed "by" accused members ". 14. The following amendments to Article 14: (a) Be replaced by the following: " Article 14.-If any Minister ceases to be in office, the President of the Court shall immediately communicate this fact to the President of the Court of Justice. Republic, to the Senate, to the Chamber of Deputies or to the Supreme Court, as appropriate, for the purposes of his replacement. " (b) Defeat the second and third subparagraphs. (15) Substitute, in the first paragraph of Article 14a, the term "member lawyers" with "alternate members". 16. 'Article 15' shall be replaced by the following: ' Article 15.-Each three years, in the month of January, shall be the appointment of two alternate members of the Minister who meet the requirements to be appointed as a member of the Court. may replace the ministers and integrate the full or any of the rooms only if the quorum is not reached for the session. The alternates of the minister referred to in the previous paragraph shall be appointed by the President of the Republic, with the agreement of the Senate, choosing them from a seven-person payroll that will be proposed by the Constitutional Court, prior to the public contest of background, which must be based on objective, public, transparent and non-discriminatory conditions. The Tribunal will form the payroll in the same and the only public vote, in which each of the ministers will have the right to vote for five people, with whom they will obtain the first seven majorities. The Senate shall adopt the agreement of two-thirds of its members in the sitting, in particular in session, with a view to the proposal as a unit. If the Senate does not approve the proposal of the President of the Republic, the Constitutional Court shall present a new list, in accordance with the provisions of this paragraph, within sixty days of the rejection, proposing two new names to replace the rejected ones, repeating this procedure until the appointments are approved. The alternate members shall be present at the time of the incorporation of the plenary or the chambers according to the order of precedence established by public sweepstakes. The decision of the President of the Court to appoint an alternate of minister to integrate the plenary or the chambers shall be established and published on the website of the Court. The deputy ministers will have the same prohibitions, obligations and inabilities as the ministers and will govern for them the same causes of involvement that affect them. However, they shall not cease their duties by the age of 75 years and shall not be subject to the incompatibility with the teaching functions referred to in Article 12a. The alternate members shall spend at least half a day on the integration tasks and the other tasks entrusted to them by the Court and shall receive a monthly remuneration equal to 50% of that of a ministr. (17) The second, third and fourth points of Article 16 are replaced by the following: "The Court shall, by means of an agreed order, establish its ordinary sessions and hours of hearing." (18) Replace, at the end of the second paragraph of the Article 17, the final point (.) by a comma (,), adding the words "by means of a resolution". 19) Enter the following amendments to Article 19: (a) Substitute, in the first indent, the numbers "12 °" and "82", by "16 °" and "93", respectively. (b) Substitute, in the second indent, the numbers "8th", "10th", "11th" and "82" by "10th", "13th", "14th" and "93", respectively. (c) To replace the fourth indent, "The implications may be promoted by the Minister concerned, by any of the other Ministers, and by the constitutional bodies concerned which have become a party." (d) The following new sixth indent, passing the current sixth paragraph to be seventh: " It will be, moreover, causal of implication the current existence of labor relations, commercial or societariats of a minister with the lawyer or procurator that acts in some of the (20) Re-provision, in Article 21, of the term of the European Court of Justice 'prosecuted' for 'defendant'. 21. In Article 22 (2), replace the reference to Article "14" with Article "15". 22. following Article 25, the following Article 25 A, new: " Article 25 A.-The Court may, in sessions specially convened for that purpose, issue agreed orders on matters which are not themselves of the legal domain and which have as their objective the proper administration and operation of the Court. "23) It incorporates, following Article 25 A new, a Title II of the following wording:" Title II of the Competition and Functioning of the Constitutional Court " 24) Add a new Article 25 B of the following wording: " Article 25 B.-The Court shall operate in full or divided into two rooms. In the first case, the quorum for sessioning shall be at least eight members, and in the second case at least four. Each room, in case of need, may be integrated with Ministers from the other room. In the month of December each year, in a public session specially convened for this purpose, a commission formed by the President of the Court and the two oldest Ministers of the Court, will appoint the Ministers to integrate the two chambers of the Court from the following March. The Board of Members of the President of the Court shall be presided over by the President of the Court and the other, by the oldest Minister present, who is part of the Chamber. Ordinary sessions will be suspended in the month of February each year. Extraordinary sessions shall be held when the President of the Court or the respective Board of Appeal, or at the request of three or more of the members of the Court, is convened by the President of the Court, in the case of extraordinary sessions of the plenary, or request of two or more members of the respective room, dealing with extraordinary room sessions. Each room shall represent the Court in the matters of which it is familiar. "25) It shall incorporate the following Article 25 C, new:" Article 25 C.-Corresponding to the plenum of the Court: 1 ° Exercise control of the constitutionality of laws which interpret any Article 1 of the Treaty provides for the provision of the Constitution, the constitutional laws and the rules of a treaty which deal with matters of the latter's own, before its promulgation. 2 ° Resolve the issues on the constitutionality of the cars agreed upon by the Supreme Court, the Courts of Appeals and the Qualifier of Elections. 3 ° Resolve the questions on constitutionality that are raised during the 4. To solve the questions raised about the constitutionality of a decree with the force of law. 5 ° To resolve the questions raised about constitutionality in relation to the call for a plebiscite, without prejudice to the attributions that correspond to the Qualifier of Elections. 6 ° Resolve the inapplicability of a precept (a) the law of the Court of Justice of the European Parliament, of the Court of Justice of the European Parliament, of the Court of Justice of the European Parliament, of the Court of Justice of the European Union, of the Court of Justice of the European Union 8 ° Resolver on the unconstitutionality of a declared legal precept inapplicable in accordance with the provisions of the numeral 6 ° of this article. 9 ° Resolve the claims in case the President of the Republic does not enact a law when he is required to do so or promulgate a different text from which it is constitutionally appropriate. 10 ° Resolver on the constitutionality of a decree or resolution of the President of the Republic that the Comptroller General of the Republic has represented by an unconstitutional estimate, when required by the President in accordance with the Article 99 of the Political Constitution. 11th Resolver on the constitutionality of the supreme decrees, whatever the vice invoked, including those dictated in the exercise of the autonomous regulatory authority of the President of the Republic, where they relate to matters which may be reserved for the law by mandate of the article 63 of the Political Constitution of the Republic. 12 ° State the unconstitutionality of the organizations and movements or political parties, as well as the responsibility of the persons who had participated in the events that (a) the declaration of unconstitutionality, in accordance with the provisions of the sixth, seventh and eighth paragraphs of Article 19 of the Political Constitution. However, if the person concerned were the President of the Republic or the President-elect, the said declaration would also require the agreement of the Senate adopted by the majority of its members. 13 ° Report to the Senate in the cases referred to in Article 53, number 7, of the Political Constitution. 14 ° Resolve on constitutional or legal inabilities that affect a person to be appointed Minister of State, remain in (a) that charge or to perform other functions simultaneously 15 ° To determine the admissibility and to rule on the inabilities, incompatibilities and causes of cessation in the position of the parliamentarians. 16 ° To qualify the inability invoked by an MP in the terms of the final article 60 of the Political Constitution of the Republic and to rule on his resignation from office. 17. To exercise the other powers conferred upon it by the Political Constitution and this law. "26) Add the following Article 25 D, new:" Article 25 D.-Corresponding to the Court's chambers: 1 ° To rule on the admission of non- They are the responsibility of the plenary. 2. To resolve the competition disputes arising between the political or administrative authorities and the courts of justice, which do not correspond to the Senate. 3 ° Resolve the suspension of the procedure in which the action of inapplicability by unconstitutionality. 4º to exercise the other powers conferred upon it by the Constitution and this law. " 27) Repeal the second paragraph of Article 27. (a) In the first subparagraph, replace the phrase which follows the comma (,) and which starts with the word 'except', by the following: ' without prejudice to the preference which, for reasons of reasons, (b) Reposition, in the second indent, the number "82" by "93". 29) Add the following Article 30a, new: " Article 30a.-Without prejudice to the special rules contained in this law which authorize the Court, in plenary or represented by one of its chambers, to decree precautionary measures, such as the Suspension of the proceedings, the Court may, by decision, on the basis of a request from either party or ex officio, delay them after the request has been received, even before their declaration of admissibility, in cases where the Declaration: In the same way, it may leave them without effect and grant them again, on their own initiative or at the request of a party, as often as is necessary, in accordance with the merit of the proceedings. "30) Add the following Article 31a, new:" Article 31a.-The judgments of the Court shall be published in full on its website, or in a similar electronic means, without prejudice to the publications of the Constitution and this law in the Official Journal. The submission of both publications must be simultaneous. Judgments on matters of constitutionality promoted by virtue of the numbers 2 °, 4 °, 7 ° and 16 ° of Article 93 of the Constitution shall be published in the Official Journal in extensive. The remaining to be published shall be in extract, which shall contain at least the resolutive part of the judgment. They will also be published on the Court's website, at least, the resolutions that put an end to the process or make it impossible for them to continue, listing the causes entered and the date of entry, the boards of the rooms and the plenary, the designation of rapporteur, of the room to be resolved on the admissibility of the requirement and of the minister of staff and the minutes of sessions and the agreements of the plenum. The publication of decisions in the Official Journal must be carried out within three days of its adoption. "31) Add the following Article 32 A, new:" Article 32 A.-Where the question referred to the Court is promoted by public action, or by the party in the judgment or judicial administration in which the inapplicability of a legal precept or the unconstitutionality of an aut is sought or agreed, the natural or legal persons who promote it must point out in their first presentation to the Tribunal a known address within the province of Santiago. The presentation will be sponsored and underwritten by a lawyer enabled to practice the profession. Decisions that are made in the processes referred to in the preceding paragraph shall be notified by registered letter to the party or to the representative. The final judgments shall be notified personally or, if this is not possible, by means of a document, at the address which the party has indicated in the file. In both cases the notification shall be carried out by a Minister of Faith appointed by the Court. The communications referred to in this law, which must be made to the constitutional bodies concerned or which are party to the process, shall be made by trade. Such action or action shall be recorded in the relevant file. The date of the notifications made by registered letter and by means of the communications referred to in this law shall, for all legal purposes, be the date of the third day following their issue. In the case of the Chamber of Deputies and the Senate, the offices will be directed to the respective Presidents, who will be obliged to give the room in the first session to be held. They shall be officially deemed to have been received and shall produce their effects once they have been taken into account. In the case of the President of the Republic, the offices shall be directed through the Ministry's Ministry of General Secretariat and shall be officially understood and shall produce its effects once they have been admitted to the Office of the Parties of the said Office. Ministry. However, the Court may authorise other forms of notification which, at the first hearing, are requested by any of the bodies or persons involved. The particular form of notification to be authorized shall apply only to the petitioner and, in any event, the action in the respective file must be recorded on the same day as it is carried out. " 32) Introduces the following Article 32 B, new: " Article 32 B.-The Court shall hear pleadings in the light of the case in the cases referred to in the second, sixth, 8th, 9th, 10th, 11th, 14th and 15th of Article 25c. In other cases, the Court may provide that pleadings may be heard. The duration, form and conditions of the pleadings shall be established by the Tribunal, by means of an agreed order. In cases where pleadings are heard, the relationship shall be public. "33) Incorporate the following Article 32 C, new:" Article 32 C.-Legitimate bodies and persons who, in accordance with Article 93 of the Constitution Republic, they are entitled to promote before the Court each of the questions and matters of their competence. The constitutional bodies concerned are those who, in accordance with this law, may intervene in each of the matters that are promoted before the Court, whether in defense of the exercise of their powers, in defense of the legal order in force. They are party to the proceedings before the Court or the bodies and the persons who, being constitutionally legitimated, have promoted an issue before him, and the other parties to a pending administration or judgment in which a question of inapplicability of a legal precept or unconstitutionality of an agreed order. It may also be the constitutional bodies concerned which, having the right to intervene in a matter, express their willingness to be held as part of the same period of time as they are entrusted with making observations and submitting (34) Substitute Article 33 for the following: " Article 33.-The rules contained in Titles II, V and VII of the First Book of the Code of Civil Procedure shall apply, in addition, as appropriate, in so far as they are not contrary to this law. However, the time limits laid down in this law will be for days running and will not be suspended during holidays. In no event shall the expiry of a period laid down for a Court action or judgment prevent it from falling or dictating it subsequently. In cases where the present law sets the time limits for the Court to take a case into consideration, to rule on the admissibility of the case and to give judgment, the same shall be counted from the time when the case is taken into account in the chamber or the plenary session, (35) The following Articles, new: " Article 33 A.-As long as the admissibility of the case is not declared admissible, the questions referred to in Article 33 (3) of the Rules of Procedure of the Court of Justice of the European Union promoted to the Court by the bodies or persons entitled to be withdrawn by the person who has promoted them and shall be held as unsubmitted. The withdrawal of signatures by Members of Parliament who have promoted a matter before the Court shall produce the effect provided for in the preceding paragraph, provided that it is carried out before it is taken into account at the plenary or the Chamber, as appropriate, and that, by the number of signatures withdrawn, the requirement no longer meets the quorum required by the Political Constitution of the Republic. Declared admissible, such bodies and persons may express the intention of the Court to desist. In such a case, the withdrawal shall be transferred to the parties and shall be communicated to the constitutional bodies concerned, giving them a period of five days to make the observations they consider relevant. The withdrawal will be resolved and will produce the effects provided for in the relevant rules of Title XV of the First Book of the Code of Civil Procedure, as far as applicable. Article 33 B.-The abandonment of the procedure shall only proceed in the matters of inapplicability referred to in Article 93 (6) of the Political Constitution of the Republic that have been promoted by one of the parties to the trial or pending management in which the contested provision is to be applied. The procedure shall be deemed to be abandoned when all the parts of the process have ceased in their pursuit for three months, counted from the date of the last resolution relapse into some useful management to give it a progressive course. Abandonment cannot be enforced by the party that has promoted the issue of unconstitutionality. If the procedure is renewed, the other parties make any management which is not intended to invoke their abandonment, they shall be deemed to give up this right. Once the abandonment has been alleged, the Court shall transfer the other parties and communicate it to the constitutional bodies concerned, giving them a period of five days in which to make the observations they consider relevant. The abandonment of the procedure declared by the Court shall produce the effects provided for in Title XVI of the First Book of the Code of Civil Procedure. ' 36) Amend Article 34 as follows: (a) Replace the first indent by the following: " In the case of Article 93 (1) of the Constitution, it shall be for the President of the House of origin to send to the Court the draft laws which interpret any of the provisions of the Constitution, constitutional organic laws and treaties containing rules on matters of the latter. "b) Substitute, in the second subparagraph, the words" third indent "by" second indent "and the number" 82 "by" 93 ". c) Add, in its second indent, after the expression "the project", the sentence "or the treaty" and, in its third indent, after the word "project", the expression "or the treaty". (37) Enter the following amendments to Article 35: (a) Add in your second indent, after the expression "of the draft", the sentence " or the respective rules of the treaty, within the period of 30 days, extended to by fifteen, in qualified cases and by established resolution ". (b) incorporate a new final paragraph, of the following wording: " If the Court finds that one or more of the provisions of a treaty are unconstitutional, it shall declare it by a well-founded resolution, the full text of which shall be forwarded to the House of origin. Total unconstitutionality will prevent the President of the Republic from ratifying and enacting the treaty. The partial unconstitutionality shall entitle the President of the Republic to decide whether the treaty is ratified and promulgated without the objectionable rules, if this is done in accordance with the rules of the Treaty itself and the general rules of the (38) Add, as the second paragraph of Article 36, the following: " In the case of an international treaty in respect of which its partial unconstitutionality has been declared, the agreement approved by the Congress shall be communicated National, with the corresponding quorum, and the rules whose unconstitutionality has been provided for, the President of the Republic decides whether he shall make use of the power referred to in the final paragraph of the previous Article. "39) Add, in Article 37, after the expression" on constitutionality ", the sentence" of the rules of a treaty or ", and The following point is added: "Resolved by the Court that a legal precept is constitutional, it cannot be declared unenforceable by the same vice of the process and the respective judgment." (40) Incorporate, following the article 37, the following new articles, preceded by a paragraph 2, new, with a change of numbering of the following paragraphs, under the heading: "Matters of constitutionality on agreed cars". " Article 37 A.-In the case of Article 93 (2) of the Political Constitution of the Republic, the President of the Republic, any of the Chambers or ten of its members in office, are legitimized; and persons entitled to are part of a ge Judgment or judgment pending before an ordinary or special court, or from the first action in criminal proceedings, which are affected in the exercise of their fundamental rights by the provisions of an agreed order. The order must be made in the form specified in the first paragraph of Article 39 and the order shall be accompanied by the respective order, with a specific indication of the contested part and the challenge. If an authorised person is involved, he must also specify precisely the manner in which the provisions of the agreed order affect the exercise of his fundamental rights. The interposition of the requirement shall not suspend the application of the contested order. Article 37 B.-The requirement, the appropriate room, shall be examined if it complies with the requirements set out in the previous article and, if it does not comply, it shall not be accepted for processing and shall not be submitted for all purposes. legal. The decision that does not comply with the request shall be established and shall be issued within three days, from the date of its filing. However, in the case of defects in form or the omission of a background to be accompanied, the Court, in the same judgment as referred to in the foregoing paragraph, shall give the persons concerned a period of three days to remedy those or complete these. If they do not do so, the requirement will be for all legal effects. Article 37 C. Within the five-day period, after the request has been received, the Court shall decide on the admissibility or inadmissibility of the application. If the applicant requests to plead about the admissibility, and pursuant to Article 32 B the Court welcomes the application, it shall, for three days, transfer the matter to the court which issued the contested order and to the Bodies and persons who are legitimate. It shall declare the inadmissibility of the question of unconstitutionality in the following cases: 1 ° When the requirement is not formulated by a person or body entitled; 2 ° When it is promoted in respect of an agreed order or of one of its provisions, which have been declared constitutional in a previous judgment given in accordance with this paragraph and the same vice of that judgment is invoked; 3 ° Where there is no pending management, trial or criminal proceedings, in the cases in is promoted by a constitutionally legitimized party or person, and 4 ° When the the manner in which the agreed order affects the exercise of the applicant's constitutional rights, in cases where it is promoted by a constitutionally legitimized party or person. Declared inadmissibility by resolution founded, it shall be notified to whomever has resorted and the requirement shall be for not filed, for all legal purposes. Article 37 D.-The admissibility of the requirement shall be communicated to the Supreme Court, the Court of Appeal or the Qualifier of Elections that has issued the contested order and, where appropriate, shall be communicated to the Court of Justice. of the pending management or judgment and shall be notified to the parties thereof, sending them a copy of the order, so that, within 10 days, the Court may make the observations and the records which it considers relevant to the Court. Declared admissibility, the resolution shall be notified to the person who has requested it. A decision declaring the admissibility or inadmissibility of the requirement shall not be liable to any appeal. Article 37 E.-Once the previous proceedings have been completed, or the time limits for this have expired, the Court shall proceed in accordance with Article 43. The time limit for sentencing shall be 30 days, counted from the end of the proceedings, which may be extended for up to a further 15 days, on the basis of a decision of the Court. Article 37 F.-Exceptionally and for justified reasons, the Court may declare the unconstitutionality of the contested rules based solely on constitutional grounds other than those which have been invoked by the parties in the litis. In this case, you must warn them about the use of that possible uninvoked constitutional precept and allow them to refer to it. Such a warning may be made at any stage of the trial, including hearing the hearing of the case, where appropriate, and also as a measure to best resolve. Article 37 G.-The judgment declaring the unconstitutionality of all or part of an agreed order must be published in the Official Journal within three days of its decision. From that publication, the order agreed, or the part of it which has been declared unconstitutional, shall be deemed to be repealed, which shall not produce retroactive effect. Article 37 H.-The Court of Justice has ruled on the constitutionality of an agreed order, and no requirement to resolve questions of constitutionality of the order shall be admissible unless a different vice is invoked. the fact that it was previously asserted. Article 37 I.-In the case of a requirement deducted by a party in a judgment or management pending before an ordinary or special court, the Court shall pay the costs to the natural or legal person who has applied for his intervention, if the requirement is rejected in the final judgment. However, the Court may exempt them from them when the applicant has had a plausible reason for deducting his action, which he shall make express in his judgment. For the purposes of the costs, the provisions of Article 47 Y of this Law shall apply. ' 41) Replace, in Paragraph 2 of Title II, "2" by "3", and replace its name by the following: " Matters of Constitutionality on bills, constitutional reform, and treaties on legislative processing. " 42) Replace the first paragraph of Article 38, by the following: " Article 38.-In the case of Article 93 (3) of the Political Constitution of the Republic, the President of the Republic, any of the Chambers, is legitimized, or a quarter of its members in exercise. "43) Add the following Article 38a, new:" Article 38a.-For the purposes of the opportunity in which the requirement is to be made, the enactment shall be understood by the President of the the Republic when it enters the office of parts of the Comptroller General of the Republic respective decree promulgatory. In no case will it be possible to admit to processing requirements formulated after that moment. No such requirements may be admissible if they are submitted after the fifth day following the referral of the communication which informs the approval of the treaty by the National Congress. " 44) number "82" by "93". (45) The first and second points of Article 41 are replaced by the following: " Article 41.-If the requirement does not comply with the requirements laid down in Article 39, it shall not be accepted for processing and shall not be submitted, for all the legal effects. The decision not to be processed shall be established, it shall be issued within two days, counted from the time when it is taken into account, and shall be notified to the person who has made it. However, in the case of defects in form or the omission of a background to be accompanied, the Court, in the same judgment as referred to in the foregoing paragraph, shall give the persons concerned a period of three days to remedy those or complete these. If they do not do so, the requirement shall be for not all legal effects. "46) Add the following Article 41a, new:" Article 41a.-Within the five-day period, counted from the time the requirement is received The Court shall decide on the admissibility of the proceedings. If the applicant asks to plead about the admissibility, and in accordance with the provisions of Article 32 B the Tribunal so provides, he shall, for two days, transfer the matter to the legitimate bodies. The following cases shall be declared inadmissible: 1 ° Where the requirement is not formulated by a legitimate body. 2 ° Where the issue is promoted after the opportunities referred to in Article 38a. Declared inadmissibility by resolution to be founded, it shall be notified to the person who has resorted and the order shall be for not filed, for all legal purposes. The decision declaring the admissibility or inadmissibility of the requirement shall not be liable to any appeal. ' 47) Amend Article 42 as follows: (a) incorporate the following first indent, passing the current one to be second: " Article 42.-The requirement shall be understood to have been received since it is declared admissible and from that date shall begin to govern the period of ten days to resolve it, without prejudice to the extension laid down in Article 93 (5) of the Political Constitution of the Republic. '(b) Replace in the present single indent, which becomes second, the expression' Admitted to the processing of a requirement 'by' State ". c) Attaché, at the end of the paragraph that becomes second, in point followed, the following sentence: " For this only effect, the communication shall be understood to be received at the time of its entry into the offices of parts of the Chamber of Deputies, the Senate and the (48) Substitute Article 44, as follows: " Article 44.-Exceptionally and for substantiated reasons, the Court may declare the unconstitutionality of the rules challenged solely on the basis of constitutional grounds other than those which have been invoked by the parties in the to litis. In this case, you must warn them about the use of that possible uninvoked constitutional precept and allow them to refer to it. Such a warning may be made at any stage of the trial, including the hearing of the hearing of the case, where appropriate, and also as a measure to better resolve. " 49) Rule 45 (2). (50) Following Article 45, the following Article 45a, new: " Article 45a.-Declared by the Court that a legal precept contested in accordance with this Paragraph is constitutional, may not be subsequently declared (51) Add, before Article 46, the following new heading: "Paragraph 4 Issues of Constitutionality on Decrees with Force of Law". (52) Substitute Article 46, as follows: " Article 46.-In the case of Article 93 (4) of the Political Constitution of the Republic, the President of the Republic, any of the Chambers, or a quarter of the its members in exercise. The substantiation of matters of constitutionality on decrees with force of law shall be governed by the rules of the following Articles and, as far as is relevant, by the provisions of Paragraph 3. " 53) The following articles, new: " Article 46 A.-To be accepted for processing, the requirement must comply with the requirements set out in Article 39 and must be accompanied by the decree with the contested law or its respective publication in the Official Journal. If promoted by the President of the Republic, the office of the Comptroller General of the Republic shall be attached to the office. Where the request comes from the President of the Republic, the period referred to in Article 93 (7) of the Constitution shall be counted from the date of receipt of the office of representation of the Comptroller General of the Ministry of Origin. the Republic. If the requirement does not meet the requirements laid down in Article 39, it shall not be processed and shall not be submitted for all legal purposes. The decision shall be taken within three days from the date on which the decision is taken and shall be notified to the person who has made the decision. If you do not accept it, it must be founded. However, in the case of defects in form or the omission of a background to be accompanied, the Court, in the same judgment as referred to in the foregoing paragraph, shall give the persons concerned a period of three days to remedy those or complete these. If they do not do so, the requirement will be for all legal effects. Article 46 B. Within the five-day period, after the request has been received, the Court shall decide on the admissibility of the request, in accordance with the rules of paragraph 3. If the applicant requests to plead about the admissibility, and in accordance with the provisions of Article 32 B the Tribunal so provides, he shall, for five days, transfer the matter to the legitimate bodies. The following cases shall be declared inadmissible: 1 ° Where the requirement is not formulated by a legitimate body. 2 ° When the issue is promoted extemporaneously. 3. Where the matter promoted by one of the Chambers or a quarter of its members in office is founded on allegations of legality. Article 46 C.-The question shall be communicated to the constitutional bodies concerned so that, within ten days, they shall make the observations and present the relevant records. The time limit for giving judgment shall be 30 days from the declaration of admissibility, which may be extended for up to a further 15 days, on the basis of a decision of the Court. Article 46 D.-The sentence that the President of the Republic will take on the matter will be communicated to the Comptroller General, so that he will proceed immediately to take account of the decree with a respective law force. The judgment that engages a question in respect of all or part of a decree with force of law of which the Comptroller General has taken reason, shall be published in the form and time period referred to in Article 31a. From the date of publication, the respective rule shall be deemed to be repealed, without retroactive effect. "54) Intercalase, before Article 47, the following heading, new:" Paragraph 5 Constitutionality issues on calls for plebiscite ". 55) Intercalase, before Article 47, which has become Article 47a, the following article, new: " Article 47.-In the case of the 5th of Article 93 of the Political Constitution of the Republic, the Chamber of Deputies is legitimized. and the Senate. The question should be promoted within ten days, since the publication of the decree setting the day of the referendum. The substantiation of matters of constitutionality on calls for plebiscite shall be governed by the rules of the following Article and, as far as is relevant, by those of Paragraph 4. '; (56) The following amendments shall be made to Article 47, which has become 47a: (a) Replace the first indent by the following: " Article 47a.-To be accepted for processing, the requirement shall comply with the requirements set out in the first indent of Article 39 and in the second indent of this Article, and shall the publication in the Official Journal of the decree fixing the day of the referendum shall be accompanied by the publication in the Official Journal. '(b) Substitute the third and fifth subparagraphs, for the following reasons:' The question shall be inadmissible if it is not formulated by a legitimate body, if it is promoted extemporaneously or refers to matters falling within the competence of the Court Qualifier of Elections. The judgment must be published in the form and time limit laid down in Article 31a. '57) Incorporate, following Article 47, which has become 47a, the following heading and the new articles which follow:' Paragraph 6 Inapplicability Article 47 A.-In the case of Article 93 (6) of the Political Constitution, the judge who is aware of a pending administration in which the contested legal precept is to be applied is a legitimate body and the parties are legitimized. in that management. If the question is promoted by a party exercising the act of inapplicability, a certificate issued by the court which knows of the judicial management, in which the existence of it, the state in which it is located, must be accompanied. the quality of the applicant's party and the name and address of the parties and their proxies. If the matter is promoted by the court which is aware of the pending management, the order must be made on its own initiative and accompanied by a copy of the main pieces of the file, indicating the name and address of the parties and of their proxies. The court must state on the record of having recourse to the Constitutional Court and shall notify the parties of the proceedings accordingly. Article 47 B.-The requirement of inapplicability, whether promoted by the judge who is aware of the pending management or by one of the parties, shall contain a clear statement of the facts and foundations in which it is based and how they produce as result of the constitutional infringement. It shall also indicate the unconstitutionality of the provisions of the constitutional rules which are deemed to be transposed. Article 47 C.-The requirement may be brought in respect of any judicial management in proceedings, and in any procedural opportunity in which it is advised that the application of a legal precept which may be decisive in the decision of the case is contrary to the Constitution. Article 47 D.-To be accepted, the requirement must comply with the requirements set out in Articles 47 A and 47 B. If not, by a decision which is founded within three days, counted from the time when the of the same, will not be accepted to be processed and will be for not presented, for all legal effects. However, in the case of defects in form or the omission of a background to be accompanied, the Court, in the same judgment as referred to in the foregoing paragraph, shall give the persons concerned a period of three days to remedy those or complete these. If they do not do so, the requirement will be for all legal effects. The Constitutional Court shall inform the court of the pending management or judgment, in order to record it. If the applicant requests to plead about the admissibility, and pursuant to Article 32 B the Court welcomes the application, it shall transfer the matter to the parties for five days. In the case of requirements directly formulated by the parties, at the same opportunity mentioned in the previous paragraph, the Court will require the judge to be aware of the judicial management in which the matter is promoted, the sending of copies of the main pieces of the respective file. Article 47 E.-Within the five-day period, counted from the date of the request for processing or after the conclusion of the view of the incident, where appropriate, the appropriate room shall examine the admissibility of the question of inapplicability. Article 47 F.-Inadmissibility shall be declared in the following cases: 1 ° When the requirement is not formulated by a person or body entitled; 2 ° When the question is promoted with respect to a legal precept that has been declared in accordance with the Constitution by the Court, by exercising preventive control The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that In respect of a precept which has no legal status; 5 ° When of the background of the pending management in which the question is promoted, it appears that the contested legal precept must not have application or that it will not be decisive in the resolution of the subject, and 6 ° When it lacks a plausible basis. Declared inadmissibility by a decision to be founded, it shall be notified to the person who has appealed, the judge who is aware of the pending judicial administration and the other parties involved, and the request shall be presented, for all legal purposes. A decision declaring the admissibility or inadmissibility of the requirement shall not be liable to any appeal. Article 47 G.-The suspension of the procedure in which the question of inapplicability has been promoted must be requested in the order or later, before the same room which has resolved its admissibility. Once decreed, it will be maintained until the Court gives the judgment and communicates it to the ordinary or special judge who is aware of the pending management. But the respective room, by established resolution, may be left without effect in any state of the process. The rejection of the application referred to in the preceding paragraph shall not prevent the application from being repeated in the course of the processing of the request, and each application must be settled by the same room as it has known of the admissibility, It shall also have jurisdiction to suspend the proceedings, provided that there is a well-founded ground. Article 47 H.-Admissible declaration of the order, the Court shall inform or notify the court of the pending management or the parties thereof, as appropriate, giving them a period of 20 days to make their observations and submit background. At the same time, the Tribunal will make the request to the Chamber of Deputies, the Senate, and the President of the Republic, in the form indicated in Article 32 A, by sending them a copy of the document. The abovementioned bodies, if they consider it relevant, may make observations and have a background within 20 days. Article 47 I.-Once the previous steps have been taken, or the legal deadlines for this have expired, the Court shall proceed in accordance with Article 43, and the President shall include the matter in the plenary table for his decision. After completion of the procedure, the Court will give judgment within the 30-day period, which may be extended for up to 15 years, in qualified cases and by established resolution. Article 47 J.-Exceptionally and for substantiated reasons, the Court may declare the unconstitutionality of the contested rules based solely on constitutional grounds other than those which have been invoked by the parties in the litis. In this case, you must warn them about the use of that possible uninvoked constitutional precept and allow them to refer to it. Such a warning may be made at any stage of the trial, including hearing the hearing of the case, where appropriate, and also as a measure to best resolve. Article 47 K.-The judgment declaring the inapplicability of the contested legal precept must specify how its application in the pending management in question is contrary to the Constitution. Article 47 L.-The question of inapplicability by the Constitutional Court cannot be attempted again, by the same vice, in the successive instances or degrees of the management in which it was promoted. Article 47 M.-The judgment ruling on the question of inapplicability must be notified to the parties who made the request and to communicate to the judge or the court of the court that is aware of the case, whether or not required, and to the Bodies referred to in Article 47 H shall also be published in the form and time limit laid down in Article 31a. Article 47 N.-The judgment declaring the inapplicability shall only produce effects in the judgment in which it is sought. If the inapplicability has been deducted by a part of the judgment or management, if the requirement is rejected in the final judgment, the Court shall pay the costs to the natural or legal person who has required his intervention. However, it may be exempted from them where the applicant has had plausible grounds for deducting his action, and shall make an express statement in his decision. With regard to the costs, the provisions of Article 47 and of this Law shall apply. '58) It shall incorporate, following the new paragraph 6, the following paragraph 7 and its heading, and the new articles which follow:' Paragraph 7 In the case of the 7th Article 93 of the Political Constitution of the Republic, the question of unconstitutionality may be promoted by the Constitutional Court. acting on its own initiative and by the persons entitled to it referred to in paragraph 12 of the same Article. This question shall not be promoted in respect of a treaty or of one or more of its provisions. Article 47 O.-In cases where the Tribunal proceeds of its own motion, it shall declare it in a preliminary ruling, which shall identify the judgment of inapplicability that serves as a basis and the constitutional provisions of the law. Article 47 P.-If the question of unconstitutionality is promoted by public action, the natural or legal persons who exercise it must reasonably establish the petition, indicating precisely the judgment of prior inapplicability. in which it is supported and the constitutional arguments that serve as support. The requirement to which any of the requirements mentioned in the previous paragraph is missing will not be accepted for processing and will not be presented, for all legal purposes. This resolution, which will be founded, will have to be delivered within three days, since it has been taken into account in the plenary session. However, in the case of defects in form or the omission of a background to be accompanied, the Court, in the same judgment as referred to in the foregoing paragraph, shall give the persons concerned a period of three days to remedy those or complete these. If they do not do so, the requirement will be for all legal effects. Article 47 Q.-Within the ten-day period, counted from the date of the request for processing or from the conclusion of the hearing of the incident, the Court shall decide, where appropriate, on its admissibility. If the applicant asks to plead about the admissibility, and in accordance with the provisions of Article 32 B the Tribunal so disposes, it shall give transfer to those who appear as parties on the question of unconstitutionality, for ten days. Article 47 R.-The inadmissibility of the question of unconstitutionality promoted by public action shall be declared inadmissible in the following cases: 1 ° When there is no prior judgment declaring the inapplicability of the legal precept Where the question is based on a vice of unconstitutionality other than that which prompted the declaration of inapplicability of the contested provision. Declared inadmissibility by resolution to be founded, the person who has resorted to be notified shall be notified to the Chamber of Deputies, the Senate and the President of the Republic, and the request shall be for all the legal effects. The decision declaring the admissibility or inadmissibility of the question shall not be liable to any appeal. Article 47 S.-Declarations of admissibility, the Court must put the respective decision and the order in knowledge of the individual organs in the previous article, which may make the observations and accompany the a background which they consider relevant, within the period of 20 days. Article 47 T.-Once the previous steps have been taken, or the legal deadlines for this have been expired, the Court shall proceed in accordance with Article 43 and the President shall include the matter in the plenary session for his decision. Article 47 U.-The time limit for sentencing shall be thirty days, counted from the end of the proceedings of the case, a term which may be extended for up to a further 15 days, by a decision of the Court. Article 47 V.-The declaration of unconstitutionality of the legal rules questioned must be based solely on the infringement of the constitutional precepts which were considered to be transgressed by the previous judgment of inapplicability which serves as sustenance. Article 47 W.-The judgment which gives a ruling on the unconstitutionality of all or part of a legal precept shall be published in the form and time limit laid down in Article 31a. The declared unconstitutional requirement shall be deemed to be repealed from the date of publication in the Official Journal, without retroactive effect. Article 47 X.-If the question of unconstitutionality has been promoted by public action, the Court shall pay the costs to the natural or legal person who has required his intervention, if the requirement is rejected in the final judgment. The Court may, however, exempt it from them when the applicant has had plausible grounds for deducting his action, which he shall make express in his judgment. Article 47 Y.-The execution of the judgment, in respect of the costs, shall be carried out in accordance with the executive procedure laid down in the Code of Civil Procedure and shall be known to the Judge of Letters of Civil Procedure which (59) Incorporation, before Article 48, the following item, new: "Paragraph 8 Issues on the enactment of a law". Article 48, for the following new articles: " Article 48.-In the case of the 8th of Article 93 of the Political Constitution of the Republic, the Senate, the Chamber of Deputies, or a quarter of the members of the Senate are legitimized. Member-in-Office of any of the Chambers. The question must be promoted within 30 days of the publication of the contested text or within 60 days of the date on which the law was enacted, the omission of which is claimed. In order to be accepted, the requirement must comply with the requirements set out in the first paragraph of Article 39 and must be accompanied by a copy of the Office of the Chamber of Origin which communicates the text to the President of the Republic. approved by the National Congress and, where appropriate, a copy of the publication in the Official Journal. If this is not the case, by means of a well-founded decision, which must be issued within three days from the date on which the request is made, it shall be for all legal purposes. However, in the case of defects in form or the omission of a background to be accompanied, the Court, in the same judgment as referred to in the foregoing paragraph, shall give the persons concerned a period of three days to remedy those or complete these. If they do not do so, the request Article 48b.-Declared admissible, the respective decision and the order shall be brought to the attention of the parties and the constitutional bodies concerned, so that, within ten days, they submit the background and make any comments that they consider relevant. Article 48c.-The Court shall give judgment within a period of 15 days from the end of the proceedings, which may be extended for up to 15 years, in qualified cases and on the basis of a reasoned decision. The judgment of the Court which, when accepting the claim, promulgates the law or rectifies the incorrect enactment, will be referred to the Comptroller General of the Republic for the sole effect of its registration and will be published in the form and period indicated in the Article 31a. This new publication, if any, will not affect the validity of the part not rectified by the judgment of the Court. "61) Incorporate, following Article 48c, the following new heading:" Paragraph 9 Conflicts of Constitutionality on Decrees or resolutions represented by the Comptroller General of the Republic ". (62) Introduces the following amendments to Article 49: a) Replace the first paragraph by the following: " Article 49.-In the case of the 9th of Article 93 of the Political Constitution of the Republic, the legitimized organ is the President of the Republic and the constitutional organ concerned, the Comptroller General of the Republic. The substantiation of matters of constitutionality on decrees or resolutions represented as unconstitutionality shall be governed, as appropriate, by the provisions of Paragraph 4 and by the rules of the following points. In order to be accepted, the requirement must comply with the requirements set out in the first paragraph of Article 39 and must be accompanied by the decree or resolution represented by unconstitutionality and the trade in which the representation of the Comptroller-General of the Republic. "(b) Substitute, in the second subparagraph, which becomes the fourth indent, the number" 88 "for" 99 ". 63) In accordance with Article 49, the following new item is added: "Paragraph 10 Issues of Constitutionality on Supreme Decrees". (64) Substitute Article 50, for the following new articles: " Article 50.-In the case of Article 93 (16) of the Political Constitution of the Republic, the question may be founded on any vice that contradicts the decree with the Constitution. The Senate and the Chamber of Deputies are legitimized and, if the issue is to be found in a different way than to exceed the scope of the autonomous regulatory authority, they are also one-fourth of the members of the of the Chambers. The President of the Republic and the Comptroller General of the Republic are interested constitutional bodies. In any event, the question must be promoted within 30 days of the publication or notification of the contested decree. The substantiation of these questions shall be governed, as appropriate, by the provisions of Paragraph 4 and by the rules of the following Article. Article 50a.-To be admitted to processing, the order must comply with the requirements set out in the first paragraph of Article 39 and must be accompanied by the publication of the contested decree. It shall declare the inadmissibility of the question, in the following cases: 1 ° When the requirement is not formulated by a legitimate body; 2 ° When it is promoted extemporaneously; 3 ° When it is founded on vices of illegality, and 4 ° When it is raised excess of the autonomous regulatory authority and is not promoted by one of the Chambers. The Court will have to resolve within thirty days, counted since the completion of the procedure. It may extend this period for up to 15 days, by means of a reasoned decision, if there are serious and qualified reasons. The judgment in respect of the order shall be published in the form and time limit referred to in Article 31a. However, with the sole merit of the judgment in which the order is issued, the decree shall be without full effect. '65) It shall incorporate, following Article 50a, the following new heading and the articles following it:' Paragraph 11 Competition contests between political or administrative authorities and courts of justice Article 50 A.-In the case of the 12th of Article 93 of the Constitution of the Republic, the political authorities are legitimized. administrative and the courts of justice involved in the competition. The body or authority which has jurisdiction or a lack of jurisdiction over a particular case must submit its written request to the Court. It must indicate precisely the contested race, the facts and the foundations of law that serve as a basis for it. Article 50 B.-Once declared admissible, a transfer shall be made to the other conflicting bodies so that, within 10 days, they shall make the observations and records they deem relevant to the Court. Article 50 C.-The Court may, in accordance with Article 30a, provide for the suspension of the procedure in which its decision abets if the continuation of the procedure may cause irreparable damage or make it impossible to comply with the to be resolved, if the contest is to be accepted. Article 50 D.-The Court, which has been evacuated from proceedings or proceedings, or after the deadline for doing so, shall proceed in accordance with Article 43. Article 50 E.-The judgment must be delivered within 20 days after the completion of the proceedings. ' 66) Reposition, in paragraph 3 of Title II, the "3" guitarianism for "12". 67. Substitute, in the first indent of Article 51, the "10 °", "11 °" and "82" by "13 °", "14 °" and "93" respectively. (68) Enter the following amendments to Article 52: (a) In the first subparagraph, delete the words "the Senate, the Chamber of Deputies" and the comma written before them. (b) Reposition, in the second indent, the word "thirteenth" for "fifteenth" and the number "82" for "93". (69) Substitute Article 54 by the following: " Article 54.-If the requirement is not formulated by a person or body legitimized or does not comply with the requirements set forth in the numbers 1st to 4th, inclusive, of the previous article, it shall not be admitted (a) to be processed and shall not be filed for all legal purposes. This resolution shall be established and shall be delivered within three days from the date of the notice of the request. However, in the case of defects in form or the omission of a background to be accompanied, the Court, in the same judgment as referred to in the foregoing paragraph, shall give the persons concerned a period of three days to remedy those or complete these. If they do not do so, the requirement shall be for all legal purposes not to be filed. '70) Enter the following amendments in Article 62: (a) Substitute, in the first subparagraph, the' 10 ° ',' 11 ° 'and' 82 'by' 13 ° ',' 14 ° ' and "93", respectively. (b) To replace, in the final indent, the phrase "set out in Title I of the Third Book of the Code of Civil Procedure" by the "executive" prayer established in the Code of Civil Procedure and replace the sentence " the ordinary court of (a) the name of the name of paragraph 4 of Title II, as follows: "Paragraph 13 Declaration of unconstitutionality of the law of the Court of Justice of the European Union". organisations, movements or political parties. " 72. In Article 63, the words "7 °" and "82" shall be replaced by "10 °" and "93" respectively. (73) In the first paragraph of Article 65, the expression "The Court shall examine" for "The appropriate room shall be examined". (74) Following Article 72, the following new articles, preceded by a new paragraph 14, new, under the heading 'Renunciation of Parliamentarians': ' Article 72 A.-In the case of Article 93 (15) of the Political Constitution of the European Union, the Republic, the resignation of the parliamentarian shall be presented to the President of the Chamber to which it belongs, who will forward it to the Tribuna l within five days since it was presented to you. Article 72 B.-The President of the Republic, the Senate, the Chamber of Deputies, or ten or more sitting members of the Chamber of Deputies of the House to which the waiver belongs, may oppose the resignation. In such a case, it will be transferred to the Chamber to which the resigned parliamentarian belongs and to the same one, so that within ten days the observations and antecedents that they deem necessary will arrive. Article 72 C.-The Court shall decide whether to receive proof. If it considers it necessary, the provisions of Article 57 shall apply. The Tribunal will appreciate the test in conscience. Article 72 D.-Once the formalities or proceedings have been completed, the provisions of Article 43 shall be made. Article 72 E.-The time limit for giving judgment shall be 20 days, counted from the end of the proceedings of the case, which may be extended for up to another 20 days, on the basis of a decision of the Court. Article 72 F.-Pending the judgment, the waiver shall not produce any effect. "75) Replace, in Paragraph 5 of Title II," 5 "by" 15 ". (76) Substitute, in the first indent of Article 73, the "9 °" and "82" by "11 °" and "93" respectively. (77) Reorder Article 74, as follows: " Article 74.-The staff plant of the Court shall be composed of the following positions: Ten Ministers. Two Deputy Minister. A Secretary Advocate. Two Lawyers. Eight Assistant Lawyers. A Head of Budgets. A Public Relator. A Librarian. A Documentalist. A Chief of Staff to the Presidency. A Secretary of the Presidency. Two First Officers. Two Official Seconds. A Butler. Two Room Officers. Two Services Auxiliary. Seven Secretaries. A Driver. The provision of the new posts created at the plant mentioned in the previous paragraph shall be made, after the agreement of the plenary session, when the needs of the Tribunal so warrant. The Court may agree to the hiring, on the basis of fees, or subject to the rules of the Labour Code, of professionals, technicians or experts in certain matters, in order to carry out specific tasks in its activities, within its Article 75, by the following: " Article 75.-Without prejudice to the provisions of the foregoing Article, the Court may extend the plant of its staff, by agreement of the majority of its members and only to the extent that it is strictly necessary for its normal operation, in the Following form:-Up to two Lawyers;-To two Assistant Lawyers;-To five Second Officers;-To a Chamber Officer;-To five Child Services Auxiliary;-To four Secretaries. " 79) 77, for the following: " Article 77.-The monthly income of the Ministers of the Court shall correspond to the remuneration of a Minister of State, including all allocations to these. The remuneration of the Ministers of the Court will have the character of income for any legal effect, in the same terms and modalities as the remuneration of the Ministers of State, and it will affect the incompatibilities, prohibitions and inskills as set out in Article 1 of Law No 19,863. '; (80) Replace Article 83, by the following: " Article 83.-In March of each year the President of the Court shall render a public account which shall include a review of his institutional activities of judicial and administrative order. in the preceding year, the account of its financial management, the audit reports and any other background and information deemed necessary. "81) Add the following Article 83 A:" Article 83 A.-In the second half of the month January of each year, the President and the Secretary-Advocate shall present the surrender of the expenditure of the previous financial year before the Court, which shall be communicated to the Comptroller General of the Republic for the sole effect of its incorporation into the General Balance of the Nation and shall be included in the public account of the Court. Without prejudice to the foregoing, the Court, acting on a proposal from the President, may, by means of public or private invitations to tender, carry out audits of its financial and financial management by external entities. ' 82) Article 84.-Officials who are in breach of their duties or prohibitions may be disciplined by the Court in a disciplinary manner with any of the following measures, without prejudice to civil or criminal liability. can derive from the same fact: admonition, written censorship, fine of up to one month remuneration, suspension of up to two months without pay and removal. The disciplinary sanctions indicated shall apply after simple summary investigation in which the discarding that the affected person can assert in his defense and once resolved, will not be susceptible of claim or resource (83) Add, at the end of Article 86, after the term "Registrar", the phrase "or the Rapporteur who subrogates it, if applicable". (84) Intercalase, in Article 87, following the word "appointment", the sentence "without prejudice to the provisions of Article 9", preceded by a comma. (85) Replace Article 90 by the following: " Article 90.-The Court, by agreement of the majority of its members, and when its operational needs so advise may proceed to the declaration of vacancy of the positions it considers convenient. The same declaration shall be made in respect of officials who have obtained a poor performance. Such power may be exercised in respect of all staff, excluding Ministers. The officials to whom they are declared the vacancy of their posts shall be entitled to an allowance equal to the total of the remuneration accrued in the last month, for each year of service in the institution, with a maximum of nine. Such compensation shall not be taxable or shall constitute income for any legal effect. The remuneration to be used for the calculation of the allowance shall be the average monthly taxable remuneration of the last 12 months preceding the end of the period, updated according to the consumer price index determined by the Institute. National of Statistics or the readjustability system to replace it, with a maximum limit of ninety promotion units. The compensation shall be incompatible with any other benefit of a homologable nature originating in a similar causal grant. Officials who cease to be charged and who receive compensation may not be appointed or hired, even on the basis of fees, in the Constitutional Court for the next 5 years after the end of their employment relationship, unless In advance, they return the entire perceived benefit, expressed in units of promotion, plus the current interest for readjustable operations. " 86) Defeat the articles 1, 2, 3 and 4. 87) Introduces the following transitional articles: " Article 1 of the transitional provisions.-The proceedings initiated, either on their own initiative or at the request of a party, or which are initiated in the Supreme Court, to declare the inapplicability of a legal precept to be contrary to the Prior to the implementation of the reforms to Chapter VIII of the Political Constitution, the Constitution will continue to be of knowledge or resolution of that Court up to its full term. The resources of inapplicability decided by the Supreme Court or which have been abandoned or abandoned, prior to February 26, 2006, may not be filed before the Constitutional Court in the exercise of the power of the Supreme Court. grants Article 93, No. 6, of the Political Constitution. Article 2-Transitional.-The entry into force of this law shall not preclude the validity of proceedings initiated before the Court from 26 February 2006, nor shall it alter the effects of the judgments which have been terminated. With respect to the proceedings which are pending before the Court on the date of entry into force of this law, the provisions of Article 24 of the Law on the Retroactive Effect of Laws shall apply. "". Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 11 September 2009.-MICHELLE BACHELET, President of the Republic.-José Antonio Viera-Gallo Quesney, Secretary General of the Presidency.-Andres Velasco Branes, Minister of Finance. What I transcribe to you for your knowledge.-Salutes attentively to Ud., Edgardo Riveros Marin, Deputy Secretary General of the Presidency. Constitutional Court Draft Law amending Law No. 17,997, Constitutional Organic of the Constitutional Court (bulletin 4059) The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the Draft law enunciated in the rubric, approved by the National Congress, so that this Tribunal, exercised the control of constitutionality with respect to the totality of the same; and that by judgment of August 25, 2009 in the cars Role Nº 1.288-09-CPR. I declare: I. UNCONSTITUTIONAL RULES. 1. That the No. 3 of the second indent of Article 37 C; the 3rd and 4th of the second paragraph of Article 41a; the 3rd and 5th of the second paragraph of Article 46 B; the sentence "is not plausible" in the third indent of Article 47, which becomes 47 bis; the sentence "and when it lacks the plausible basis" of the second paragraph of Article 48a and the No. 6 of the incis or second of Article 50a, introduced into law No 17,997 by the single article, Nºs. 40, 46, 53, 56, letter (b), 60 and 64 of the draft submitted, are unconstitutional and must be removed from their text. 2. That the words "in extract" included in Article 37 G, which is added to Law No 17,997 by the unique article, No. 40, of the draft submitted are unconstitutional and must be deleted from their text. 3. That article 47 B and the sentence "or with respect to provisions of an existing international treaty", contained in Article 47 G, first, No. 4, that the only article, No. 57, of the draft referred to in law Nº17,997, are unconstitutional and should be removed from your text. 4. That the second paragraph of Article 47 O and the 3rd indent of the first paragraph of Article 47 S, added to Law No 17,997 by the single article, No. 58, of the draft submitted, are unconstitutional and must be removed from their text. 5. That the No. 5 of the second paragraph of Article 50a, which the only article, No. 64, of the draft submitted introduces into law No. 17,997, is unconstitutional and should be removed from its text. II. CONSTITUTIONAL INTERPRETATIVE RULE. 6. Article 38a, first paragraph, that the only article, No. 43, of the submitted draft adds to the law No. 17,997, as soon as it interprets the sentence of the fourth paragraph of article 93 of the Constitution that establishes that the respective requirement has of be "formulated before the enactment of the law," is constitutional. III. RULES THAT ARE DECLARED CONSTITUTIONAL IN THE UNDERSTANDING THAT IN EACH CASE IS INDICATED. 7. That the fourth paragraph of Article 15 that the only article, No. 16, of the draft submitted incorporates into law Nº17,997, as soon as it establishes that the alternates of ministers "will not cease in their functions when they are 75 years old," is constitutional in the understood that, in any case, they must be appointed before they meet that age. 8. That the phrases "must be practised within three days of their giving" and "shall be published ... in the Official Journal within three days of their giving", as referred to in Articles 31a, final indent, and 37 G which the The only article, Nºs. 30 and 40, of the submitted draft adds to the law No. 17,997, are constitutional in the understanding that they point out that the publication must be made within "the next three days" in which the Official Journal effectively is published. 9. That the third paragraph of Article 33 B, which the only article, No. 35, of the draft submitted introduces into law Nº17,997 is constitutional in the sense that the reference in that provision is made to a "question of unconstitutionality" must It is understood as a "question of inapplicability by unconstitutionality". 10. That the No. 5 of the first paragraph of Article 47 G that the only article, No. 57, of the submitted draft adds to the law No. 17,997 is constitutional in the understanding that the legal precept impugned to which it alludes is not to have application or will not result decisive in the resolution of "an issue" which is promoted in the pending management in which the action brought and not necessarily "of the case" is concerned. 11. That the No. 6 of the first paragraph of Article 47 G that the only article, No. 57, of the draft submitted incorporates into law No. 17,997 is constitutional in the understanding that the expression "plausible foundation" that in it contains corresponds to the Article 93 (1) of the Political Constitution requires the action to be taken to be "reasonably well founded". 12. That the article 47 K that the only article, No. 57, of the draft submitted introduces to law No. 17,997 is constitutional in the understanding that the allusion to a declaration of "unconstitutionality" that in it is understood is to a declaration of "inapplicability by unconstitutionality". 13. That the first paragraph of Article 47 N that the only article, No. 57, of the referred project adds to the law Nº17,997 is constitutional in the understanding that the reference to the "judgment in which is requested" the declaration of inapplicability that in the contains the "management" in which this occurs. 14. That the sentences "the judgment of inapplicability which serves him as a sustenance", "the judgment of inapplicability prior to which it is based" and "the previous judgment of inapplicability which serves as a basis", as included in Articles 47 P, 47 Q, First, and 47 W, that the only article, No. 58, of the draft referred to in law No 17,997, is constitutional in the understanding that they refer to the judgments of inapplicability in which the question is based or the preliminary ruling or the declaration of unconstitutionality to which they refer, since they statements can be one or more. 15. That the third paragraph of Article 48, which the only article, No. 60, of the draft submitted introduces into law Nº17,997 is constitutional in the understanding that the trade to which it refers is the one that the Chamber of origin sends to the Head of State once that the bill has fulfilled all the procedures provided for by the Constitution for the formation of the law and has been definitively dispatched by the Legislative Branch, by virtue of which it communicates the text of the bill for its promulgation. 16. That the first paragraph of Article 50a, which the only article, No. 64, of the draft submitted adds to Law No 17,997, is constitutional in the understanding that in order for the requirement to be accepted to be processed, the 'publication' or 'notification' of the contested decree. IV. RULES TO BE DECLARED CONSTITUTIONAL. 17. That the other provisions of the draft are constitutional. Santiago, 25 August 2009.-Rafael Larraín Cruz, Secretary.